General Terms and Conditions (GTC)
Updates on 12.01.2020
ARTICLE 1 - SCOPE
These General Terms and Conditions of Sale (sometimes called GTC) apply, without restriction or reservation, to any purchase on the SMARTOonclub.com website, owned by the "SMARTOON" brand.
These General Conditions of Sale or GCS apply without prejudice to any other conditions called "Special Conditions of Sale" to which belong in particular the information contained on an order form and the page presenting an article sold in its different variants and components.
These T&Cs are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them before the implementation of the online ordering procedure.
The Customer declares that he has full legal capacity allowing him to engage under these GCS.
These T&Cs may be subject to change at any time. The version applicable to the purchase made by the Customer is that displayed on the website on the date of his order.
Are linked to these T&Cs, the SMARTOON brand represented by Moumen
here sometimes referred to as "the Seller", "we" or "SMARTOonclub.com"
and any person commencing the execution of the act of purchasing one of the items displayed on the website https://SMARTOonclub.com (designated here under NAME OF THE BRAND.com), hereinafter designated by the " Customer" or "You".
ARTICLE 2 - CHARACTERISTICS OF THE ARTICLES
Each item has its own sales page sometimes called a "product page".
The main characteristics for each of the articles are presented on SMARTOonclub.com via a dedicated page, the product page. They are distributed and accessible by "categories" according to their intended use and are arranged by "collections" according to the idea of coherence that SMARTOON has of its commercial offer.
The Customer is required to read these characteristics before placing any order.
The choice and purchase of one or more items are the sole responsibility of the Customer.
The items offered for sale are those that are on the site, on the day the Customer places his order.
The Customer is deemed to have consulted the product pages of the items ordered.
ARTICLE 3 - ORDERS
3.1. Placing an order
Orders are made on the SMARTOonclub.com website.
The Customer selects on the site the items he wishes to order, according to the following criteria:
• Information on the main characteristics of the item(s);
• Choice of payment methods;
• Verification of the order and correction of errors if necessary;
• Identification of the Client by means of his personal data;
• Acceptance of these General Conditions of Sale;
• Choice of means of payment and effective payment of the item(s) selected by the Customer;
• Sending an order confirmation email to the Customer;
• Sending access codes to the platform.
The sale of the items will only be considered completed after the sending to the Customer of the confirmation of the acceptance of the order by SMARTOON by means of an e-mail and after the receipt by SMARTOON of the full price. of the global order.
Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and SMARTOON. Unless proven otherwise, the data recorded in SMARTOON's computer system constitutes probative proof of all transactions made by SMARTOON and the Customer via the website.
The information communicated by the Customer when placing an order is binding on the latter. Thus, the responsibility of SMARTOON can in no way be sought or engaged in the event that an error when placing the order prevents or delays the execution or delivery of the goods.
3.2. Order change
No modification of the order by the Customer will be possible after confirmation thereof by SMARTOON, which is expressly accepted by the Customer, subject to the provisions of article 9 of these GCS.
3.3. Cancellation of the order
SMARTOON reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order on the website or with SMARTOON.
Similarly, SMARTOON is entitled to refuse or cancel an order placed by a Customer when there is a legitimate reason to suspect that the order is not legitimate or reflects an illegal maneuver such as the use unauthorized means of payment belonging to a person other than the person placing the order.
SMARTOON may ask the Customer who placed the order to produce documents or supporting documents attesting to his identity, his legal capacity to contract the purchase or proving that he is legitimately authorized to use the means of payment used for the order.
ARTICLE 4 – PRICES
The items are supplied at the prices in effect on the website on the day the order is recorded.
Unless otherwise stated, prices are expressed in Euros and include VAT (all taxes included).
The prices take into account any reductions that may be granted by SMARTOON under the conditions specified elsewhere on the site or on the product page.
These rates are firm and non-revisable during their period of validity, as indicated on the website.
SMARTOON reserves the right, outside this period of validity, to modify the prices at any time.
An invoice is drawn up by SMARTOON and delivered by email to the Customer upon confirmation that his order has been taken into account.
ARTICLE 5 – PAYMENT
Payment for the order is made by bank card (Blue, Visa, Mastercard, American Express) or by PAYPAL.
Payment is made in cash and in full on the day the Customer places the order if the items do not benefit from payment in installments.
The price paid by the Customer corresponds to the addition of the prices of each item ordered and the services subscribed at the time of the validation of the order such as insurance, express delivery, priority processing of the order, contractual guarantees, extension of guarantee, etc. this list is not exhaustive.
SMARTOON reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of the items ordered by the Customer. The Customer may not, under any circumstances, request any compensation or reimbursement on this account.
SMARTOON cannot be held liable in the event of fraudulent use by third parties of the means of payment used.
Payments made by the Customer will only be considered final after SMARTOON has actually received all sums due.
The Customer using means of payment belonging to a third party, victim of theft or extortion, exposes himself to a complaint from SMARTOON and to legal proceedings.
5.1 Access to the order platform
The articles are accessible on the platform, website or Application which is made available to the Customer by SMARTOON. The Customer has access to the platform by means of an identifier and password which he receives by email after the confirmation of payment or by a hypertext link referring to his order or his basket. The username and password, as well as the hypertext link are strictly personal and confidential. The Customer is exclusively responsible for the confidentiality of his username and password once they have been delivered to him. It is up to him when the option is available to personalize and remember his password and his identifiers.
Access to the platform is individual. Consequently, it is only available and valid for one person. In the event that it is provable or proven that the platform would be used by several people on a single username and password, SMARTOON reserves the right to suspend or interrupt the Customer's access or to invoice additional costs.
In addition, the right of access to this platform is personal, non-assignable and non-transferable. In the event of non-compliance with this rule by the Customer, SMARTOON reserves the right to immediately remove its access to the platform, without the Customer being able to claim any compensation or reimbursement. The sums already paid to SMARTOON will remain acquired by way of compensation.
ARTICLE 6 - TERMS OF DELIVERY
The articles are delivered to the delivery address which was indicated during the order within the deadlines indicated on the sheet of the article(s) ordered.
This time does not take into account the order preparation time.
When the Customer orders several items at the same time, these may have different delivery times and be sent according to different methods.
In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code.
SMARTOON then reimburses the items and the costs imposed on the seller by Article L 138-3 of the Consumer Code.
SMARTOON reminds that when the Customer takes physical possession of the items, the risk of loss or damage to the items is transferred to him.
It is the Customer's responsibility to notify the carrier of any reservations about the items delivered.
ARTICLE 7 - RIGHT OF WITHDRAWAL
After the issuance of an order, the Customer has a right of withdrawal entailing for SMARTOON to reimburse the sums paid within the framework and the limits prescribed by LAW n ° 2014-344 of March 17, 2014 relating to consumption and more generally the laws governing Seller and Consumer relations applicable to subjects of European Union law.
SMARTOON does not bear the cost of returning the goods when the Customer exercises his right of withdrawal.
If SMARTOON decides to cover these costs for a particular Customer, this would only be a one-off commercial gesture that does not entitle its beneficiary or anyone else to a general and absolute right to cover the shipping costs of the goods in the event of withdrawal.
In this case, SMARTOON does not apply or extend the application of European law to persons who have placed an order outside the territories of the European Union.
In addition, SMARTOON in France or abroad. If it decides to grant free delivery to a given territory, deliveries to other territories may be billed at different rates.
The right of withdrawal is applicable on NomDuSite.com only to physical goods covered by the aforementioned laws.
ARTICLE 8 - SATISFIED OR REFUNDED GUARANTEE
Notwithstanding the provisions of article 7 above, SMARTOON may offer the Customer an exorbitant period of time from the day of delivery of the items ordered to cancel the sale in the event that he is not satisfied with the items. In this case, the warranty applies only to items designated by SMARTOON.
The Customer is reimbursed for all sums paid no later than thirty days from the date on which SMARTOON collects the delivered goods.
ARTICLE 9 – INTELLECTUAL PROPERTY
9.1. Objects and services concerned
SMARTOON is the exclusive owner of all the intellectual property rights attached to the texts, including these T&Cs, videos or sound content and to the digital books available on SMARTOonclub.com. No assignment of intellectual property rights is made through these General Terms and Conditions of Sale.
The Customer does not have the right to use the texts, videos or sound content and the digital books for the reproduction, modeling, adaptation, sharing or exploitation for personal purposes or for the benefit of third parties. In addition, the Customer may not claim or receive any sum whatsoever, with or without interest derived from the commercial exploitation by SMARTOON of any content made available to the public on SMARTOonclub.com
The Customer accepts the principles and the effects that any violation of this clause is likely to cause financial damage to SMARTOON, which may seek compensation.
All texts including these T&Cs, comments, works, illustrations, photographs, videos, soundtracks, brands, integrated into the website and integrated into the SMARTOonclub.com website are the exclusive property of SMARTOON and are protected by French and international laws. governing intellectual property.
Any total or partial reproduction of this content is prohibited and may constitute an offense of counterfeiting.
ARTICLE 10 - LIMITATION OF BRAND NAME LIABILITY
10.1. Use of the website
SMARTOON reserves the right to modify, suspend or interrupt the SMARTOonclub.com website as well as the platform and the articles at any time, with or without notice, without its liability being sought by the Customer or third parties due to the exercise of this right.
Without prejudice to the foregoing, SMARTOON implements the means to ensure that the website and the platform are functional and accessible at all times. However, its responsibility in this regard cannot be engaged in the event of interruption of services due in particular to the host of the website, to the suppliers of the means of payment, to force majeure, to the consequences of an action of public force or in case of malicious acts initiated by third parties or hackers.
In the event of an anomaly discovered by the Customer, the latter undertakes to notify SMARTOON as soon as possible so that it can remedy it.
SMARTOON does not guarantee that the use of the SMARTOonclub.com website and the platform will be without interruption or error, the Customer accepts that SMARTOON may periodically suspend access to the website or to the platform itself for indefinite periods, or may withdraw access at any time to the website or to the items sold without notice.
SMARTOON does not guarantee that the SMARTOonclub.com website and the platform will always and at all times be protected against loss, corruption, attacks, viruses, interference, hacking or any other breach of security and disclaims all liability in this regard. The Customer is aware and accepts that the use of a service or the recourse to a commercial transaction by Internet does not contain zero risk and renounces seeking the responsibility of SMARTOONS in this case.
SMARTOON cannot be held liable for total or partial non-performance of the contract resulting from a fortuitous event beyond its control or the occurrence of force majeure making it totally or partially impossible for SMARTOON to perform in good faith. of its contractual or legal obligations.
10.2. Use of items purchased on SMARTOonclub.com
As for the functionalities of the articles and the response to a need that they are supposed to provide, SMARTOON is only bound by an obligation of means. Consequently, it cannot be held responsible for the use and the objectives that the Customer would like to achieve when ordering such or such article.
ARTICLE 11 - PARTIAL NULLITY
In the event that a stipulation of the General Conditions of Sale would be invalidated for any reason, this invalidation would have no effect on the validity of other stipulations.
ARTICLE 12 - COMPUTER LAW AND FREEDOMS
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and in particular for the establishment of invoices. This data may be communicated to potential partners of SMARTOON, in particular for the dispatch, processing, management and payment of orders.
The Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him.
In this case, the Customer must send a letter and prove his identity, using the contact form on the SMARTOonclub.com site.
ARTICLE 13 - JURISDICTIONAL COMPETENCE
The General Conditions of Sale and the resulting operations are governed by and subject to French law.
All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale could give rise, both concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have finding an amicable resolution between the parties is the responsibility of the courts within the jurisdiction of SMARTOON's registered office.
The Customer is bound before any recourse to conventional mediation, in particular with the Consumer Mediation Commission or the intermediary of sectoral mediation bodies or any other alternative method of dispute resolution such as conciliation.
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer ensures that he has obtained communication, in particular at the conclusion of the sales contract and this in a readable and understandable manner, of these GCS and all the information listed by the Consumer Code, and in particular the following:
• Essential characteristics of the articles,
• Price of items and related costs;
• Information relating to the identity of the seller, his postal and electronic contact details, and his activities;
• Information relating to legal and contractual guarantees and their methods of implementation,
• Possibility of resorting to conventional mediation in the event of a dispute;
• Information relating to his right of withdrawal;
• Means of payment accepted.
The fact for a natural or legal person, to order on the SMARTOonclub.com website implies full and complete acceptance of these General Conditions of Sale and the obligation to pay the exact price of the items ordered and services subscribed. .
General Terms and Conditions (GTC)